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Lease car NIP re-issue date
Racing Snake
post Thu, 20 Nov 2008 - 11:57
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Hi guys, this is a quick question and I don't have enough details for the wizard!

but...
When an NIP is issued to a lease car company, and then subsequently named the driver, does the 'Date issued' get reset?

Scenario, NIP has date of offence, date issued is 18 days after this offence date.
Has this been reset when the NIP was reissued to the driver? there for it's hands up 'gov, or is this the original issue date and therefore out of time?

Cheers!
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post Thu, 20 Nov 2008 - 11:57
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arthurc
post Thu, 20 Nov 2008 - 11:59
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Subsequent NIP issued to driver (not RK) does not have to be within the 14 days of the date of the offence.

New NIP must be responded to within 28 days.
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Racing Snake
post Thu, 20 Nov 2008 - 12:02
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QUOTE (arthurc @ Thu, 20 Nov 2008 - 11:59) *
Subsequent NIP issued to driver (not RK) does not have to be within the 14 days of the date of the offence.
Yup, I realise that, but does the 'issue date' indicate the date it was issued tot he RK (ie the lease company), in which case it has not reached them in time and therefore can't be persued.
or has the issue date been changed when it was subsequently sent out to the driver?

does that make sense?
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Mr Grumpy
post Thu, 20 Nov 2008 - 12:06
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NIP should be served on the RK within 14 days of the date of offence, date of offence being day 0

Subsequent NIP's are not subject to date timeline


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arthurc
post Thu, 20 Nov 2008 - 12:07
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THe requirement is for the NIP to be ssued within 14 days of the offence.... the NIP to the Hire Company was Out of Time but they still replied and named you as the driver.

OK ....see your point. I don't know (but I'm sure someone will be along soon) if the objection to the NIP being out of date can only be raised by the person it was addressed to.
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Racing Snake
post Thu, 20 Nov 2008 - 12:10
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QUOTE (Mr Grumpy @ Thu, 20 Nov 2008 - 12:06) *
NIP should be served on the RK within 14 days of the date of offence, date of offence being day 0

Subsequent NIP's are not subject to date timeline

But the original issue date is outside the timeline, so is it the original issue date? or has it been altered when it has been fowarded?

QUOTE (arthurc @ Thu, 20 Nov 2008 - 12:07) *
OK ....see your point. I don't know (but I'm sure someone will be along soon) if the objection to the NIP being out of date can only be raised by the person it was addressed to.

cool.gif

This post has been edited by Racing Snake: Thu, 20 Nov 2008 - 12:11
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Pete D
post Thu, 20 Nov 2008 - 12:13
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The date of the nip is reset as you will see by reading a few threads that many who are not the RK have a date of issue outwith the 14 days. You could write to the unit and ask for photo's to help identify the driver. Do NOT eladorate or use the words evidence or proof. They do not have to provide them but usually do, wash off the ID and post them in your thread so other can assist you on the qualirt of the ping in case there are any errors. This request does not stop the 28 day clock. Pete D
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Racing Snake
post Thu, 20 Nov 2008 - 12:22
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Thanks Pete,
luckily this is not me wink.gif
I don't think my mate is going to argue it if the dates been reset, I think it's pretty open and shut tbh. He was just hoping that it was the original issue date and he had a case!

Thanks all cool.gif
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nemo
post Thu, 20 Nov 2008 - 14:51
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QUOTE (arthurc @ Thu, 20 Nov 2008 - 12:07) *
I don't know if the objection to the NIP being out of date can only be raised by the person it was addressed to.

No.

If the requirements of s.1 RTOA 1988 have not been satisfied, then no person shall be convicted of the offence to which the NIP applies - remember the recent Flintoff case ?.


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